Can my employer take a portion of my tip money at night?

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Can my employer take a portion of my tip money at night?

I deliver pizza’s. Recently my employer, who doesn’t own the place yet, has decided that he is going to take $1.00 back from every delivery we go on (e.g. 5 deliveries in 1 shift is $5 back to the “company”). He claims that he is doing this to pay for workmen’s comp insurance because the rate for the drivers is 3 times higher than for kitchen. I don’t think he can do this. And if he legally can’t where are the statutes so that I can prove it to him?

Asked on October 23, 2011 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) An employer may NEVER take a portion of the employee's tips--not  to pay for workmen's comp or otherwise. The employer's only recourse to tips is that if employees are in tipped positions, that may allow the employer to pay them less than the minimum wage due to the "tip credit"--as long as  tips plus hourly wage meets or exceeds minimum wage, the law has been satisfied.

2) To find the law about wages and tips, the easiest place to look is the federal Department of Labor (DOL) website. Go to the dept.'s website, then look  under "wages"--there will be some links to information in regards to tips, the tip credit, etc. You could also contact the state department of labor for information as well. Good luck.


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